Basanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16449 of 2025 Arising Out of PS. Case No.-228 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Basanti Devi Wife of Shivdayal Mahto Resident of Village- Arar, P.S.- Gopalganj, District- Gapalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Thakur Brajesh Singh,Advocate For the Opposite Party/s :
Mr.Gulnar Begum,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 07-05-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Kuchaikote P.S. Case no.228 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 11.800 liters of country made liquor was recovered from a Hero motorcycle bearing Registration No. BR28X0391.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner is not named in the F.I.R and cause of her false implication only for the reason that she happens to be the registered owner of the seized motorcycle. No recovery has been made from the physical or conscious possession of the petitioner. However,
Patna High Court CR. MISC. No.16449 of 2025(3) dt.07-05-2025 2/3 learned counsel for the petitioner further stated in paragraph no. 7 to the petition that one of the villager took her motorcycle for some personal use and she was not aware that the vehicle was put to any illegal use. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of manadatory provisions of the B.N.S.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
6. The application for anticipatory bail is opposed by learned A.P.P. for the State.
7. In view of the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kuchaikote P.S. Case no.228 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-VI-cum-Exclusive Special Excise Court No. 2, Gopalganj, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the learned Court below would
Patna High Court CR. MISC. No.16449 of 2025(3) dt.07-05-2025 3/3 however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed her criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.
(Soni Shrivastava, J) Harsh/- U T